Finance Minister, Pravin Gordhan has remained defiant refusing to accede to the Hawks demands that he hand himself over at 10am at their offices.
Legal expert, Zola Majavu explained that a warning statement is a precursor to criminal proceedings as set out in Section 35 of the Constitution.
It (warning statement) is something you have to complete with an investigating officer. You are taken to a cop shop, finger printed and informed of the charges you're facing. This forms part of the warning statement which then goes into a docket that's taken to the prosecutor in court.— Zola Majavu, legal expert
They will arrest him... if they don't I will be surprised. They (Hawks) gave him forewarning as a courtesy. There is nothing legally untoward about this step.— Zola Majavu, legal expert
He (Gordhan) is daring them.— Zola Majavu, legal expert
The Hawks are accusing Gordhan of contravening the Public Finance Management Act, by giving Sars employee Ivan Pillay, a early retirement settlement.
Gordhan responded to 27 questions sent to him by the Hawks in May this year and has said he has been advised by his lawyers that he is under no legal obligation to hand himself over to the unit.
Majavu told John Robbie, Gordhan is innocent until proven otherwise in a court of law.